Police Must Understand The Domestic Violence Law, Don't Misdetermine Who The Perpetrators And Victims Are

JAKARTA - The police are asked to be observant in implementing Law No. 23 of 2004 concerning Domestic Violence (UU KDRT) for every case handled. So that it is not wrong in determining who the perpetrators and victims of domestic violence are.

This was conveyed by Member of the Legislation Body (Baleg) of the Indonesian House of Representatives, Luluk Nur Hamidah, following the incident of domestic violence that happened to a wife in Depok, West Java. Victims who experienced violence were instead named suspects and had been detained on the back report filed by her husband.

Even though the woman was abused until she was seriously injured by the way the eyes were watered by bon chili, her head was bent against the wall, and her hair was grabbed. The victim is known to defend by spontaneously squeezing the perpetrator's genitals when mistreated, but instead being policed by her husband.

"In this case, the victim of domestic violence is made a suspect and even detained, I think there is something wrong with the law enforcement officers. Victims of domestic violence must be treated as victims, not even treated as perpetrators," said Luluk, Friday, May 26.

"The basis for detention of victims also does not reflect the investigator's understanding of the Domestic Violence Law, let alone the TPKS Law (Sexual Violence Crime)," he continued.

Luluk also hopes that the National Police Chief, General Listyo Sigit Prabowo, will encourage all levels under him to be careful in handling domestic violence cases. Given that in the Domestic Violence Law, the defense carried out by the victim cannot become a criminal realm.

He added that the victim's defense was more related to the protection and respect for the rights of victims. The Domestic Violence Law also aims to protect victims and prevent acts of violence, as well as provide proper handling of the perpetrators.

"And this must be the attention of the National Police Chief to ensure that all officers handling the domestic violence or TPKS case really understand the Lex specialis Law which was specifically made for this special criminal case," explained Luluk.

Lex specialis derogat is the principle of legal interpretation stating that special laws (lex specialis) rule out general laws (lex generalists). Luluk assessed that the Depok Metro Police investigator, who initially handled this case, was less balanced.

"I hope there will be sanctions given to investigators who work unprofessionally so as not to become precedents elsewhere," said the legislator from the electoral district (Dapil) Central Java IV.

According to Luluk, the unprofessionalism of the police will have an impact on other victims' reluctance to report incidents of violence.

"The situation that places the victim of domestic violence as the perpetrator will further make the victims silent or keep the meetings of the situation going until conditions are really severe and threaten their souls," said Luluk.

The police were also reminded that every victim of domestic violence who dares to report to the authorities must receive special attention. Not only that, victims of domestic violence who report to the authorities must immediately get protection and the case is handled within 1x24 hours of the issuance of the Police Report (LP).

Luluk ensured that the DPR would monitor the implementation of the Domestic Violence Law. "Including what obstacles are faced. So, it can prevent more casualties and educate all parties to have behavior to stay away from violence," he explained.

According to the Secretary General of the Indonesian Parliamentary Women's Causcus (KPP RI), the case of domestic violence in the country is actually like an iceberg. Luluk said, in fact there were many domestic violence incidents in Indonesia, but most of the victims did not report for various reasons.

"When someone dares to report or seek protection from a service institution, it's actually just like an iceberg. Out of fear and fear, victims who don't report are definitely far more and that's terrible," he said.

Luluk admitted that he was concerned about the number of domestic violence cases that had recently become public attention, especially most of the victims were embezzled. For this reason, he supports the attitude of victims who dare to report incidents of violence to the authorities.

"This is a more advanced step because considering that generally domestic violence victims often still have concerns and even fear when dealing with the police," Luluk explained.

Although currently many domestic violence victims are starting to dare to speak out in public, the Ministry of Women's Empowerment and Child Protection (Kemen PPPA) is still asked to promote socialization to the public about the importance of helping victims of domestic violence. Luluk also hopes that the Ministry of PPPA will create social services that can be accessed through various media.

"So that the victims know how to behave and where to look for help. In addition, training for law enforcement officers must also continue to be carried out using the human rights framework in handling cases," he said.

On the other hand, Luluk encourages all elements of society and government institutions to work together well in handling domestic violence cases. With collaboration from all parties, it is hoped that cases of violence will be resolved quickly and the perpetrators will receive appropriate sanctions for their actions.

I also invite domestic violence victims not to be afraid to seek help from accompanying institutions. I can understand because it is not easy for victims to get out of a violent situation and freely take steps to save themselves, "said Luluk.

Many victims choose to keep meetings because domestic violence is considered taboo, embarrassing and others. But rest assured, there must be a solution to every problem. And take advantage of the existing facilities and facilities because it will definitely help," he added.

For the prevention of domestic violence more and more, Luluk hopes that the Government will optimize debriefing and assistance programs for every couple who wants to get married.

"In the bride and groom briefing program, there must also be a curriculum on gender justice to remove bias, discrimination and stigma, as well as the action of the victim which can harm the victim," concluded Luluk.